Sklar v. Brawley
Cases that cite this one
5 later published cases cite this decision.
- Nat'l Union Fire Ins. Co. v. McWilliams (Fla. Dist. Ct. App. 2001)
- Nationsbank, Na v. Regency Centers, Inc. (Fla. Dist. Ct. App. 1999)
- Apple Premium Finance Service Co. v. Teachers Insurance & Annuity Ass'n of America (Fla. Dist. Ct. App. 1999)
- Suncore Engineering, Inc. v. Continental Casualty Co. (Fla. Dist. Ct. App. 1998)
- Nico Leasing, Inc. v. Viacao Barao De Maua Ltda. (Fla. Dist. Ct. App. 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Olga SKLAR, Appellant,
v.
Ann BRAWLEY, Appellee.
District Court of Appeal of Florida, Third District.
Popper & Popper and Victor K. Rones, for appellant.
Eckert Seamans Cherin & Mellott, Stanley B. Price and Eileen Ball Mahta, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
SCHWARTZ, Chief Judge.
Because the plaintiff improperly took a default without notice after communicating with opposing counsel, who clearly indicated his intention to defend on the merits, see Ole, Inc. v. Yariv, 566 So.2d 812 (Fla. 3d DCA 1990); Gulf Maintenance & Supply, Inc. v. Barnett Bank of Tallahassee, 543 So.2d 813 (Fla. 1st DCA 1989), the default should have been set aside whether or not the answer raised a meritorious defense. Cardet v. Resolution Trust Corp., 563 So.2d 167, 169 (Fla. 3d DCA 1990); J.A.R., Inc. v. Universal Am. *1315 Realty Corp., 485 So.2d 467 (Fla. 3d DCA 1986); Chester, Blackburn & Roder, Inc. v. Marchese, 383 So.2d 734, 735 n. 3 (Fla. 3d DCA 1980).[1]
Reversed.
NOTES
[1] For this reason we express no view as to whether a "meritorious defense" was in fact presented.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.